Created by Fuzzy Cloud

Patna High Court

Binod KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court declined to issue mandamus and instead directed the petitioners to file a fresh representation before the Examination Controller, disposing the writ petition.

Summary

Eight candidates filed a writ petition in the Patna High Court seeking a mandamus directing the Bihar School Examination Board (BSEB) to consider objection forms they submitted through the official portal for the Secondary Teacher Eligibility Test (STET-25) and to issue a revised answer key. The petitioners alleged that the BSEB released the answer key on 24‑11‑2025, allowed objections, but failed to act on their objections despite representations made to the Examination Controller between 06‑01‑2026 and 27‑01‑2026. The BSEB counsel submitted that in similar cases the petitioners were permitted to file fresh representations before the Examination Controller, who is the competent authority. The Court held that the petitioners should first file a fresh representation within two weeks, after which the Examination Controller must pass a reasoned order within four weeks, and therefore declined to issue a mandamus. The writ petition was consequently disposed.

Issues considered

  • Whether the High Court should issue a writ of mandamus directing the BSEB to consider the petitioners' objection forms and issue a revised answer key.
  • Whether the petitioners must first file a fresh representation before the Examination Controller before the Court can intervene.

Subjects

  • writ of mandamus
  • objection form
  • Bihar School Examination Board
  • Secondary Teacher Eligibility Test
  • administrative law
  • representation
  • reasoned order

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.2221 of 2026
                 ======================================================
           1.     Binod Kumar son of Chandrika Prasad Nirala, resident of Village and P.O.-
                  Mohaddi Nagar, P.S.- Halsi, District- Lakhisarai, Bihar
           2.    Saurav Kumar Jha son of Ram Bhajan Jha, resident of Village- Muradpur,
                 P.O.-Vishnupur, P.S.- Parbatta, District- Khagaria, Bihar
           3.    Krishna Kumar Yadav son of Baidyanath Yadav, resident of Village- Baswa,
                 P.O.-Tharhi, P.S.- Rudrapur, District- Madhubani, Bihar
           4.    Mithilesh Kumar son of Bharath Yadav, resident of Village- Gauhar Nagar,
                 P.O. and P.S.- Sikandra, District- Jamui, Bihar
           5.    Shambhu Kumar son of Nandkishor Mahto, resident of Village- Math Gulni,
                 P.O.-Bari Gulni, P.S.- Pakribrawan, District- Nawada, Bihar
           6.    Amrita Kumari daughter of Dharmendra Shukla, resident of Village and
                 P.O.- Narahawa Shukla, P.S.- Gopalpur, District- Gopalganj, Bihar
           7.    Md Yusuf son of Md. Rabban, resident of Nawbab Road Basti, Imambartola,
                 Simri Bakhtiyarpur, P.S.- Simri Bakhtiyarpur, District- Saharsa, Bihar
           8.    Chakrawarti Nripendra Kumar son of Shrilal Yadav, resident of Village and
                 P.O- Rajpur, P.S.- Pipra, District- Supaul, Bihar

                                                                       ... ... Petitioner/s
                                               Versus
           1.    The State of Bihar through Additional Chief Secretary, Department of
                 Education, Bihar, Patna
           2.    Additional Chief Secretary, Department of Education, Bihar, Patna
           3.    The Chairman, Bihar School Examination Board, Sinha Library Road,
                 Buddh Marg, Patna, Bihar- 800017
           4.    The Secretary, Bihar School Examination Board, Sinha Library Road,
                 Buddh Marg, Patna, Bihar- 800017
           5.    The Examination Controller, Bihar School Examination Board, Sinha
                 Library Road, Buddh Marg, Patna, Bihar- 800017

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Mrityunjay Kumar, Adv.
                 For the Respondent/s     :      Mrs. Shweta Anand, AC to GP-13
                 For the BSEB             :      Mr. P.K. Shahi, Sr. Adv.
                                                 Ms. Surya Nilambari, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   10-02-2026                          Heard the parties.

                                  2. The petitioners have invoked the jurisdiction of
Patna High Court CWJC No.2221 of 2026(2) dt.10-02-2026
                                            2/4




          this Court seeking following reliefs:

                                          “(a) For issuance of a writ of
                          Mandamus or any other appropriate writ/writs,
                          order/orders,      or     direction/directions   to   the
                          Respondent Board to consider the submission of the
                          Objection Form raised by the petitioners through
                          the Official Portal in Secondary Teacher Eligibility
                          Test (STET) – 25 conducted by the Bihar School
                          Examination Board (BSEB).
                                          (b) For a direction to Respondent
                          Board to consider the Objection and rectify the
                          anomalies in the evaluation process of the said test.
                                          (c) For a direction to Respondent
                          Board to provide Revised Answer Key of the
                          Petitioner after considering his Objection Form.
                                          (d) For further pass any other
                          order/orders in shape of consequential relief to the
                          Petitioner may be found to legally entitled to in the
                          facts and circumstances of the instant case.”

                         3. Learned Advocate for the petitioners submitted

          that despite the fact the respondent Bihar School Examination

          Board (hereinafter referred to as ‘the BSEB’) has released

          answer key for the STET-25 on Official Website of the BSEB on

          24.11.2025 and allowed the candidates to raise objections

          through official Website and in the light of the aforesaid

          instruction,      the      petitioners         have   downloaded      their

          response/objection from the official Website categorically
Patna High Court CWJC No.2221 of 2026(2) dt.10-02-2026
                                            3/4




          stating that they should be given more marks, till date no

          decision has been taken.

                         4. For redressal of the grievance, the petitioners

          have also submitted representation(s) before the Examination

          Controller, BSEB on 06.01.2026 to 27.01.2026 respectively, the

          copies of which have been marked as Annexure-P/6 to the

          instant writ petition, however, till date the respondent authorities

          are sitting tight over the matter.

                         5. Ms. Surya Nilambari, the Learned Advocate for

          the BSEB fairly submits that in identical writ petitions, the

          petitioners were extended liberty to file fresh representation

          before the Examination Controller, BSEB, who is the competent

          authority to look into the matter and take appropriate decision.

                         6. Having considered the submissions advanced by

          the learned Advocate for the respective parties and taking note

          of the aforesaid facts that the objection of the petitioners have

          not been considered and brought to its logical conclusion, this

          Court deems it fit and proper to extend liberty to the petitioners

          to file fresh representation bringing on record the necessary

          facts before the respondent no.5 (Examination Controller,

          BSEB), preferably within a period of two weeks from today.

                         7. In case, such a representation is filed, the
          Patna High Court CWJC No.2221 of 2026(2) dt.10-02-2026
                                                      4/4




                    concerned respondent shall pass a reasoned and speaking order

                    dealing with the objection raised by the petitioners within a

                    further period of four weeks.

                                   8. The writ petition stands disposed off.



                                               (Harish Kumar, J)
rohit/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.